Jigyasa Gupta v. Government of NCT of Delhi and Ors.

1. Allowed, subject to all just exceptions.

2. Application stands disposed of. W.P.(C) 2587/2023 & C.M. APPL. 9904/2023 (stay)

3. Present writ petition has been filed by the Petitioner seeking the following relief:- “(i) issue writ of mandamus or any other writ, order or direction, directing respondents to convene, DPC for the purpose of promotion to the post of PGT (English) in respondent no. 4 school and consider the case of the petitioner as per her seniority and service record and if the petitioner is found fit, she may be awarded all consequential benefits.”

4. Factual score necessary for the purpose of present writ petition is that after acquiring the qualification of B.A./B.Ed., Petitioner was appointed as TGT (English) through an open selection process with Respondent No.4/School (hereinafter referred to as the ‘School’). With the permission of the School Authorities, Petitioner acquired degree in M.A. (English), which is duly recorded in her service book.

5. In March, 2019, the solitary post of PGT (English) fell vacant on account of superannuation of Mrs. Poonam Verma. It is averred by the Petitioner that since the School is an aided School, the provisions of Delhi School Education Act, 1973 are applicable and therefore, the Recruitment Rules as applicable in Government of NCT of Delhi are applicable in the present case for filling up the post of PGT (English). According to the Recruitment Rules for appointment to the post of PGT (English), the educational qualification required is Master Degree in the concerned subject from a recognized University/ Institution with at least 50% marks in aggregate or equivalent grade in the subject specified therein.

6. It is further averred that the office of the School prepared a comparative statement of all eligible candidates, which is annexed to the present petition, as per which Petitioner is at Serial No.1. It is stated that from 2019, no DPC was convened till 2021 on account of the Pandemic COVID-19. Subsequently, however, on a proposal sent by the School, Directorate of Education conveyed the constitution of the DPC by a communication dated 05.11.2022. Pursuant thereto, the School conveyed to the Directorate to constitute a DPC as the post is lying vacant since March, 2019. Vide communication dated 13.12.2022, the School again requested the Directorate to convey any suitable date and time for convening the DPC in December, 2022.

7. The grievance of the Petitioner is that despite the post of PGT (English) being vacant and Petitioner being eligible, no DPC has been convened till date. In a chart prepared by the School reflecting the profile of the Petitioner, she is the senior-most TGT (English) and has ‘Very Good’ ACRs in the last 5 years and yet is being deprived of her right for consideration for promotion.

8. Learned counsel for the Petitioner submits that the Government of India has been issuing Instructions from time to time that DPC must be convened every year regularly and at least, twice in a year, without any delay. In this context, reliance is placed on the DoPT O.Ms dated 09.08.1998, 23.04.2015 and 27.10.2016.

9. Issue notice.

10. Mr. V. Balaji, learned counsel accepts notice on behalf of Respondents No. 1 to 3. Appearing on advance copy of the writ petition, learned counsel submits that he has no objection to the writ petition being allowed to the extent of passing a direction to the Respondents No.1 to 3 to convene a DPC.

11. It is clear from the communications authored by the School and placed on record by the Petitioner that the post of PGT (English) fell vacant in March, 2019 and has not been filled so far. While the Respondents may have a justification for not convening the DPC between 2020 to 2021 on account of Pandemic COVID-19, however, this Court finds no reason why steps have not been taken for convening the DPC thereafter and till date.

12. Counsel for the Petitioner is right in his submission that it is an obligation cast on the Respondents to hold the DPC at regular intervals against the vacancies occurring during the course of a year. This is clearly stipulated in the DoPT O.M. dated 08.09.1998, which provides Consolidated Instructions for the functioning, compositions as well as ‘frequency’ at which DPCs should meet. Relevant para of the O.M. is as follows:- “PART-II FREQUENCY OF MEETINGS Frequency at which DPC should meet 3.[1] The DPCs should be convened at regular annual intervals to draw panels which could be utilized on making promotions against the vacancies occurring during the course of a year. For this purpose it is essential for the concerned Appointing Authorities to initiate action to fill up the existing as well as anticipated vacancies well in advance of the expiry of the previous panel by collecting relevant documents like CRs, Integrity Certificates, Seniority List, etc., for placing before the DPC. DPCs could be convened every year if necessary on a fixed date, e.g., Ist April or May. The Ministries/Departments should lay down a time schedule for holding DPCs under their control and after laying down such a schedule the same should be monitored by making one of their officers responsible for keeping a watch over the various cadre authorities to ensure that they are held regularly. Holding of DPC meetings need not be delayed or postponed on the ground that Recruitment Rules for a post are being reviewed/amended. A vacancy shall be filled in accordance with the Recruitment Rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to Recruitment Rules normally have only prospective application, the existing vacancies should be filled as per the Recruitment Rules in force. Very often, action for holding DPC meeting is initiated after a vacancy has arisen. This results in undue delay in the filling up of the vacancy causing dissatisfaction among those who are eligible for promotion. It may be ensured that regular meetings of DPC are held every year for each category of posts so that an approved select panel is available in advance for making promotions against vacancies arising over a year.”

13. This mandate was reiterated in the O.M. dated 23.04.2015, which is as follows: “Subject:- Timely and advance action in convening of Departmental Promotion Committee meeting in terms of Model Calendarregarding. The undersigned is directed to state that with a view to having the approved select panels for promotion ready in advance in a time-bound manner, this Department has issued a Model Calendar for DPCs vide OM No. 22011/9/98-Estt.

(D) dated 8th September, 1998 as modified vide OM No. 22011/4/2013-Estt.(D) dated 28.01.2015. An indicative pattern has been provided in the Model Calendar for various events involved in the pre/ post DPC related actions. All the Ministries/Departments have been impressed upon from time to time by this Department to adhere to the prescribed time-line so as to ensure that the panel is ready in time and is utilised as and when the vacancies arise during the course of the vacancy year.

2. Appointment Committee of Cabinet has viewed it seriously that the DPCs are not being convened in time. Delay in promotion affects the manpower planning and impedes the career progression of the employees. The delays in conduct of DPC negate the very purpose of the Model Calendar for DPCs issued vide Office Memorandum No.22011/9/98-Estt.(D) dated 8th September, 1998 as modified vide OM No. 22011/4/2013-Estt.(D) dated 28.01.2015.